Resolution 10951CITY OF ALAMEDA
RESOLUTION NO. 10951
A RESOLUTION ADOPTING REASSESSMENT REPORT, CONFIRMING AND ORDERING
THE REASSESSMENT, AND DIRECTING ACTIONS WITH RESPECT THERETO
MARINA VILLAGE ASSESSMENT DISTRICT NO. 84 -3
(Reassessment and Refunding for 1986)
RESOLVED, by the City Council of the City of Alameda, County of Alameda,
California, that
WHEREAS, on June 3, 1986, this Council adopted Resolution No. 10919, a
Resolution of Intention to Levy Reassessments and to Issue Refunding Bonds for
the Security Thereof, and therein directed John Heindel, Consulting Civil
Engineer, to make and file a report in writing in accordance with and pursuant
to the Refunding Act of 1984 for 1915 Improvement Act Bonds (the "Act ");
WHEREAS, said report was duly made and filed, and duly considered by
this Council and found to be sufficient in every particular, whereupon it was
determined that said report should stand as the Report for all subsequent
proceedings under and pursuant to the aforesaid resolution, and Tuesday, July
1, 1986, at the hour of 7:30 o'clock p.m., in the regular meeting place of
this Council, Council Chambers, 2263 Santa Clara Avenue, Alameda, California,
were appointed as the time and place for hearing protests in relation to said
proposed acquisitions and improvements, notices of which hearing were duly and
regularly mailed and published;
WHEREAS, said hearing was duly and regularly held, and all persons
interested desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to said reassessments were fully heard and
considered by this council, and all protests, both written and oral, were duly
heard, considered, and overruled, and this Council thereby acquired
jurisdiction to order said reassessments and the confirmation of the
reassessment diagram and reassessment to pay the costs and expenses thereof;
NOW THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED, as follows:
1. That the owners of one -half of the area to be reassessed for the
cost of the refunding did not, at or prior to the time fixed for said hearing,
file written protests against the said proposed reassessments, as a whole or
as to any part thereof, or against the said district or the extent thereof to
be assessed for the costs and expenses of said reassessment, as a whole or as
to any part thereof, or against the said district or the extent thereof to be
reassessed for the costs and expenses of said reassessments, as a whole or as
to any part thereof, or against the estimate of costs and expenses, in whole
or in part, or against the reassessment diagram or the reassessment to pay for
the costs and expenses thereof, in whole or in part.
2. That the public interest, convenience, and necessity require that
said reassessment be made.
3. That the district benefited by said reassessment and to be
reassessed to pay the costs and expenses thereof, and the exterior boundaries
thereof, are as shown by a map thereof heretofore filed in the office of the
City Clerk, which map is made a part hereof by reference thereto.
4. That said Reassessment Report as a whole and each part thereof, to
wit:
(a) a schedule setting forth the unpaid principal and interest on
the Bonds to be refunded and the total amounts thereof;
(b) an estimate of the total principal amount of the reassessment
and of the refunding bonds and the maximum interest thereon, together
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with an estimate of cost of the reassessment and of issuing the
refunding bonds, including expenses incidental thereto;
(c) the auditor's record showing the schedule of principal
installments and interest on all unpaid original assessments and the
total amounts thereof;
(d) an estimate of the amount of each reassessment, identified by
reassessment number corresponding to the reassessment number of the
reassessment diagram, together with a proposed auditor's record for the
reassessment; and
(e) a reassessment diagram showing the assessment district and the
boundaries and dimensions of the subdivisions of land therein;
are finally approved and confirmed.
5. That final adoption and approval of said Report as a whole, estimate
of the costs and expenses, the reassessment diagram and the reassessment, as
contained in said report, as hereinabove determined and ordered, is intended
to and shall refer and apply to said report, or any portion thereof, as
amended, modified, revised, or corrected by, or pursuant to and in accordance
with, any resolution or order, if any, heretofore duly adopted or made by this
Council.
6. That said reassessment be made, and that said reassessment to pay
the costs and expenses thereof is hereby levied. For further particulars
pursuant to the provisions of said Act, reference is hereby made to said
Resolution of Intention.
7. That based on the oral and documentary evidence, including said
Report, offered and received at said protest hearing, this Council expressly
finds and determines (a) that each of said several subdivisions of land will
be specially benefited by said reassessment at least in the amount, if not
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more than the amount, of the reassessment apportioned against said
subdivisions of land, respectively, and (b) that there is substantial evidence
to support, and the weight of said evidence preponderates in favor of, the
aforesaid finding and determination as to special benefits.
8. That said Clerk shall on July 14, 1986:
(a) cause said reassessment to be delivered to the Superintendent
of Streets, together with said reassessment diagram, as approved and
confirmed by this Council, with a certificate of such confirmation and
of the date thereof, executed by said Clerk, attached thereto;
(b) cause a copy of said reassessment diagram and a notice of
reassessment, executed by said Clerk, to be filed and recorded,
respectively, in the office of the County Recorder of the County of
Alameda, such notice to be in substantially the form provided in Section
3114 of the Streets and Highways Code.
Said Superintendent of Streets shall record said reassessment and
reassessment diagram in his office in a suitable book to be kept for that
purpose, and append thereto his certificate of the date of such recording, and
such recordation shall be and constitute the reassessment role herein.
From the date of recording of said notice of reassessment, all persons
shall be deemed to have notice of the contents of such reassessment, and each
of such reassessments shall thereupon be a lien upon the property against
which it is made, and unless sooner discharged such liens shall so continue
for the period of ten (10) years from the date of said recordation, or in the
event bonds are issued to represent said reassessments, then such liens shall
continue until the expiration of four (4) years after the due date of the last
installment upon said bonds or of the last installment of principal of said
bonds.
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The appropriate officer or officers are hereby authorized to pay any and
all fees required by law in connection with the above.
9. To expedite the completion of these proceedings, and pursuant to
written waivers heretofore executed by all of the owners of the properties to
be subjected to the reassessments levied herein, the right to contest the
validity of any refunding bonds issued under the Refunding Act in any action
or suit or proceedings within 30 days of the adoption of any resolution by the
City providing for the issuance of said bonds, shall not apply in these
proceedings.
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I, the undersigned, hereby certify that the foregoing Resolution was
duly and regularly adopted and passed by the council of the City of Alameda in
regular meeting assembled on the 1st day of July , 1986 , by the
following vote to wit:
AYES: Councilmembers Corica, Lucas, Monsef and President Diament - 4.
NOES: Pone.
ABSENT: Councilmember Hanna - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 2nd day of July , 1986 .
APPROVED AS TO FORM:
City lerk of the City of Alameda